II

103D CONGRESS

2D SESSION S. 2012

To amend the Civil Rights Act of 1964 and other civil rights laws to prohibit

employers from requiring employees to submit claims relating to employment discrimination to mandatory arbitration.

IN THE SENATE OF THE UNITED STATES

APRIL 13 (legislative day, April 11), 1994

Mr. FEINGOLD introduced the following bill; which was read twice and

referred to the Committee on Labor and Human Resources

A BILL

To amend the Civil Rights Act of 1964 and other civil

rights laws to prohibit employers from requiring employees to submit claims relating to employment discrimination to mandatory arbitration.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Protection From

5 Coercive Employment Agreements Act’’.
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1 SEC. 2. CIVIL RIGHTS ACT OF 1964.

2 (a) IN GENERAL.—Section 704 of the Civil Rights

3 Act of 1964 (42 U.S.C. 2000e–3) is amended by adding

4 at the end the following:

5 ‘‘(c) It shall be an unlawful employment practice for

6 an employer to—

7 ‘‘(1) fail or refuse to hire or to discharge any

8 individual, or otherwise to discriminate against any

9 individual with respect to the compensation, terms,

10 conditions, or privileges of employment of the indi11 vidual, because the individual refuses to submit any

12 claim under this title to mandatory arbitration; or

13 ‘‘(2) make the submission of such claim to

14 mandatory arbitration a condition of the hiring, con15 tinued employment, or compensation, or a term, con16 dition, or privilege of employment, of the individ17 ual.’’.

18 (b) FEDERAL GOVERNMENT EMPLOYMENT.—Section

19 717(a) of such Act (42 U.S.C. 2000e–16(a)) is amended

20 by striking the period and inserting the following: ‘‘, in21 cluding any unlawful employment practice described in

22 section 704(c).’’.
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1 SEC. 3. AGE DISCRIMINATION IN EMPLOYMENT ACT OF

2 1967.

3 (a) IN GENERAL.—Section 4 of the Age Discrimina4 tion in Employment Act of 1967 (29 U.S.C. 623) is

5 amended by inserting after subsection (f) the following:

6 ‘‘(g) It shall be unlawful for an employer to—

7 ‘‘(1) fail or refuse to hire or to discharge any

8 individual, or otherwise to discriminate against any

9 individual with respect to the compensation, terms,

10 conditions, or privileges of employment of the indi11 vidual, because the individual refuses to submit any

12 claim under this Act to mandatory arbitration; or

13 ‘‘(2) make the submission of such claim to

14 mandatory arbitration a condition of the hiring, con15 tinued employment, or compensation, or a term, con16 dition, or privilege of employment, of the individ17 ual.’’.

18 (b) FEDERAL GOVERNMENT EMPLOYMENT.—Section

19 15(a) of such Act (29 U.S.C. 633a(a)) is amended by

20 striking the period and inserting the following: ‘‘, includ21 ing any unlawful practice described in section 4(g).’’.

22 SEC. 4. AMERICANS WITH DISABILITIES ACT OF 1990.

23 Section 102 of the Americans with Disabilities Act

24 of 1990 (42 U.S.C. 12112) is amended—

25 (1) in subsection (b)—
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1 (A) at the end of paragraph (6), by strik2 ing ‘‘and’’;

3 (B) in paragraph (7), by striking the pe4 riod and inserting ‘‘; and’’; and

5 (C) by adding at the end the following:

6 ‘‘(8) conducting an act prohibited by subsection

7 (c).’’;

8 (2) by redesignating subsections (c) and (d) as

9 subsections (d) and (e), respectively; and

10 (3) by inserting after subsection (b) the follow11 ing:

12 ‘‘(c) PROHIBITION ON REQUIRED SUBMISSION TO

13 MANDATORY ARBITRATION.—No covered entity shall dis14 criminate against a qualified individual with a disability—

15 ‘‘(1) in regard to job application procedures,

16 the hiring, advancement, or discharge of employees,

17 employee compensation, job training, and other

18 terms, conditions, and privileges of employment, be19 cause the individual refuses to submit any claim

20 under this title to mandatory arbitration; or

21 ‘‘(2) by making the submission of such claim to

22 mandatory arbitration a condition of the eligibility to

23 apply for employment, hiring, advancement, contin24 ued employment, employee compensation, or job
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1 training, or a term, condition, or privilege of employ2 ment, of the individual.’’.

3 SEC. 5. REHABILITATION ACT OF 1973.

4 (a) EMPLOYMENT BY DEPARTMENTS, AGENCIES,

5 AND INSTRUMENTALITIES.—Section 501(b) of the Reha6 bilitation Act of 1973 (29 U.S.C. 791(b)) is amended by

7 inserting after the first sentence the following: ‘‘Such plan

8 shall include provisions prohibiting the department, agen9 cy, or instrumentality from conducting any discrimination

10 prohibited under section 102(c) of the Americans with

11 Disabilities Act of 1990 (42 U.S.C. 12112(c)) with respect

12 to a claim under this section.’’.

13 (b) EMPLOYMENT UNDER FEDERAL CONTRACTS.—

14 Section 503(a) of the Rehabilitation Act of 1973 (29

15 U.S.C. 793(a)) is amended by inserting after the first sen16 tence the following: ‘‘Such contract shall include provi17 sions prohibiting the party from conducting any discrimi18 nation prohibited under section 102(c) of the Americans

19 with Disabilities Act of 1990 (42 U.S.C. 12112(c)) with

20 respect to a claim under this section.’’.

21 SEC. 6. REVISED STATUTES.

22 Section 1977 of the Revised Statutes (42 U.S.C.

23 1981) is amended—

24 (1) by redesignating subsections (b) and (c) as

25 subsections (c) and (d), respectively; and
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1 (2) by inserting after subsection (a) the follow2 ing:

3 ‘‘(b) With respect to contracts relating to employment

4 between such a person and another individual or entity,

5 no such individual or entity shall—

6 ‘‘(1) fail or refuse to hire or to discharge the

7 person, or otherwise to discriminate against the per8 son with respect to the compensation, terms, condi9 tions, or privileges of employment of the person, be10 cause the person refuses to submit any claim under

11 this section to mandatory arbitration; or

12 ‘‘(2) make the submission of such claim to

13 mandatory arbitration a condition of the hiring, con14 tinued employment, or compensation, or a term, con15 dition, or privilege of employment, of the person.’’.

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